Archive for June, 2011

Ready for some fair press coverage about Amanda Knox?   After all, it is not just the Italian and British tabloids that suck. The Lifetime Network’s movie about the trial was pretty bad, and the coverage on the network news is hardly insightful. So check out the new Rolling Stone article about the Knox trial by Nathaniel Rich. The article is entitled: “The Never Ending Nightmare of Amanda Knox.”  If you want to pick it up at the news stand, look for the new issue with Katy Perry on the cover.

The article debunks a lot of the myths about Knox, her family, and her personal life. The article contains interviews with Knox’s friends who visit her regularly, and share what Knox is thinking and how she is holding up. The people who know Knox described her as a naive kid, with few self-preservation skills or street smarts, that she would talk to strangers, and always assume that people were good and fair.  So we see how that could be a problem in the Italian criminal justice system.  The reporter obviously spent a lot of time camped out in court, and bumped into Candace Dempsey there last month.  As an American lawyer, I found Rich’s observations about the Italian court interesting.  He writes: “…[T]here is never order in the court, the lawyers and defendants constantly interrupting the proceedings with groans and catcalls and wild gesticulations, while the press in the gallery yammers away like the kids in the back of the classroom.”  Rich doesn’t really set his sites on Giuliano Mignini so much as the evidence in the case as a whole.  The reporter does fault the Italian police officers who first arrived at Knox’s apartment.  The first officers on the scene did not have much experience, and he compares the investigation to something out of Scooby-Doo.  The article contains an interview with Giuliano Mignini, and that probably was not easy to arrange.  The article doesn’t mention any questions posed about Mignini’s own criminal conviction, or the frivolous slander charges Mignini has brought against Knox’s parents.

The funny thing about what Mignini says is that  many of his opinions about Knox seem to be based on her demeanor, which I find really superficial as I have complained about before.

I am interested in what you think about this article or the case in general.  Post your comments below.

The case against Amanda Knox was further weakened yesterday when Italian jail inmate Luciano Aviello testified and contradicted Giuliano Mignini’s theory of the case.  Luciano Aviello is a mobster from Naples that is serving a 17-year sentence for racketeering.  Luciano Aviello tried to contact Italian authorities numerous times to give them the information that he had on the death of Meredith Kercher.  He was ignored, but was called to the stand yesterday by Amanda Knox’s lawyers to testify in her appeal.  Luciano Aviello testified that his brother Antonio Aviello returned home with a knife one day, covered with blood, and confessed to the crime.  These sort of  jail-house witnesses always pose a problem for any judicial system, whether in Italy or the U.S.   However, there are ways to test the credibility of such statements.  Usually, such witnesses are produced by the prosecutor, after he or she agrees to give a lenient sentence.  Since Luciano Aviello was called by the defense, we know that there has not been any such inducement.  The timing of the statement is also important.  Here Luciano Aviello consistently reported his concern to authorities but was apparently ignored.   The track record of a witness is also important.  In this case Luciano Aviello has been used repeatedly by prosecutors to testify against other mobsters, but only when he speaks in Knox’s defense is he deemed to lack credibility.  Luciano Aviello claims that he and his brother were living in Perugia at the time of the killing, and this should probably be pretty easy to confirm or refute.  Luciano claims that his brother described the killing as resulting from a botched burglary.  It would be interesting to hear if Antonio Aviello has a criminal record for other such burglaries.  Luciano Aviello has always claimed that he buried the knife used to murder Meredith Kercher near his home, covering it with earth and lime, along with the keys to the house.  As pointed out by an Italian writer, the strange thing is that the keys to the victim’s apartment were not ever found.  At Amanda Knox’s first trial, the defense team was not allowed to produce this testimony.  This is an issue that American criminal courts wrestle with too.  U.S. courts do not always allow defense attorneys to call witnesses to state that others have confessed to the crime.  Such testimony is sometimes considered hearsay, and is governed by evidence rule 804 which requires that the evidence be corroborated before it is presented to a jury.

Additionally, a fellow inmate of Rudy Guede, Mario Alessi testified yesterday that Rudy had confessed to him that Knox and Sollecito  had nothing to do with the crime.  Rudy Guede denied ever speaking to Alessi, but other detainees corroborated that they had spoken.  Usually what police look for when considering such statements is whether the witness knows of some crime-scene detail that a person would only know if they were at the scene of the crime.  However, in this case the police seem to have leaked out all the details of the offense to the press.

I blogged last month about the censoring of Frank Sfarzo’s blog.  Here is the perspective of anItalian lawyer on the same subject.

What do you think?  Could Antonio Aviello have committed the offense?  Could he have been with Rudy Guede on the night of the offense?  The press is treating the testimony of Luciano Aviello and Mario Alessi as contradictory, but is it really that inconsistent?  If Antonio Aviello has committed a sexual assault, would he really want to admit this to his brother?  Doesn’t it make more sense that if he wanted his brother’s help that he would have described the homicide as a botched burglary?

I guess I don’t give a lot of “shout outs” in this blog, and my last one was in February of 2010, but I want to mention a law firm in Colville, Washington that does good work, and is recently expanding.  That would be the firm of attorney Tom Webster.  About 3 years ago he left a job at a small firm and opened up his own place.  Then about a year later, he hired another lawyer to come work for him, and then more recently another.  I hadn’t been in his office for a while, but I stopped by last week, and noticed he has recently expanded his office.  His practice is growing for a simple reason – his firm does good legal work. If you have an issue of family law, or a tort case, or a business dispute, check him out.  His website contains the tag line that Stevens County residents need not go to Spokane to get good representation.  But it won’t be long before people from Spokane start driving north to see him.

Well, I sent out my first DMCA take-down notice last week when law.hukuni.net republished one of my blog posts without permission.  For those of you who don’t know, a DMCA take-down notice is a legal warning that you send to a website that infringes on copyrighted material, and the notice is usually sent to the webhoster, and sometimes the search engines too.  So here is how it went.

Last Sunday,  I posted a new blog post about going to court on a marijuana charges.  A reader informed me that my blog post had been republished on hukuki.net, and that the hukuki.net version was coming up first in Google.  I looked up where the hukuki.net domain was registered on whois.net, which led me to this page, which gave me the contact info for where to send this threatening letter.

I am the copyright owner of the article being infringed at:

//law.hukuki.net/charged-with-marijuana-possession-here-are-9-things-you-should-know-before-your-arraignment.htm

The article is a direct infringement of //www.grahamlawyerblog.com/2011/06/05/charged-with-marijuana-possession-here-are-9-things-you-should-know-before-your-arraignment/  which is owned by me.

This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified postings and prevent the infringer, who is identified by its Web address, from posting the infringing article to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing writing upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.

Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.

Sincerely,

/s/ Stephen Graham email: steve@grahamdefense.com

When I didn’t hear back right away, I sent a complaint to Google, and they responded:

Hello,

Thank you for your note.

In accordance with the Digital Millennium Copyright Act, we have completed
processing your infringement complaint. The following webpages will be
removed from Google in a few hours:

//law.hukuki.net/charged-with-marijuana-possession-here-are-9-things-you-should-know-before-your-arraignment.htm

Please let us know if we can assist you further.

Regards,
The Google Team

When I clicked on that link I confirmed that Google had, in fact, removed the page.  I was kind of hoping that Google might just nuke the whole hukuki.net site, but I guess that was too much to hope for.  The site law.hukuki.net is kind of like the Napster of law blogs.  All it does, apparently, is just pilfer law- related sites and republish the articles.   Then I went back online today, and wasn’t able to access any of law.hukuki.net so maybe the whole site has been taken down.

When hukuki.net republished my blog post, it did credit the post back to me with a nofollow link, but at the same time the site was cluttered up with a bunch of do follow links to mesothelioma lawyers. I probably wouldn’t have cared that law.hukuki.net had reprinted my post except for the fact that Google was applying a duplicate content penalty to my site.  And by that I mean that is Google had misidentified my original version as a copy and had ranked the hukuki.net version higher in their search engine.

So my advice to other bloggers would be to complain to Google.  I never did hear back from the hukuki site, which is based in Turkey.

Here are 9 things you should know before you appear for your arraignment if you are charged with marijuana possession.   As a lawyer, I sometimes see people come in on their own and plead guilty without thinking through the consequences. Here are some things to remember:

1. Employment Consequences.

Do you really want to be applying for a job with a criminal conviction on your record? All employment applications ask about criminal convictions, and employers can run instant background checks online.

2. Immigration Consequences.

Convictions for possession of marijuana can lead to deportation if you are not a U.S. citizen.  There are ways to minimize the risk with a properly crafted plea deal, but a person definitely needs the assistance of a lawyer.

3. Chemical Dependency Evaluation.

A judge has the power to insist that you obtain a drug/alcohol evaluation, and that you comply with any recommended treatment as a condition of probation.  Yes, recreational pot users can very easily end up in a court-ordered 12-step program that lasts for 6 months, complete with court-ordered U.A. tests.

4. The Loss of Student Loan Eligibility.

If a student is convicted of marijuana possession after receiving Federal student aid money, he or she must notify the Financial Aid department of his college immediately and will become ineligible for further aid.  Many times, however, a student can enter a rehabilitation program that can make him or her eligible for federal financial aid again.

5. Mandatory Minimum Sentences.

Many states still have strict sentencing guidelines even for  possession of small amounts of marijuana. For example, in Washington State there is a mandatory minimum sentence of 24 hours in jail, and a $250 fine for a conviction for possession of marijuana.

6. Entry into Canada.

Getting into Canada can be difficult for Americans with criminal records. Other countries, such as in Europe, are not as picky.

7. Housing.

A drug conviction can make a person ineligible for federally subsidized housing, or can get a person kicked out of their housing.  Questions about drug convictions are also often asked on private rental applications.

8. Child custody.

If you are, or will be, in a child custody dispute in court, be prepared for your ex to bring up any drug convictions you may have.  In addition, drug convictions can make you ineligible to adopt.

9. Welfare and Food Stamps.

A drug conviction can make you ineligible to receive welfare or food stamps.

Proving a marijuana possession charge can actually be pretty hard for a prosecutor.  Despite what some police officers think, the law requires that the State prove “knowing” possession.  So just because a drug was in your car, doesn’t mean that you are the one to be held responsible.  Additionally, a prosecution requires that a scientist or leaf-identification expert appear personally at the trial to testify that the substance is marijuana. Prosecutors know that jurors are often resentful of their time being wasted on people caught with small amounts of marijuana.

What would come of our nation’s marijuana laws if everyone insisted on a jury trial?

(See past blog posts about marijuana, and other tips for arraignments.)

What do you think about this subject?